Closing Documents St. Christophers - Main Street Reconstruction ProjectCITY OF CARMEL
BUYER'S REPORT
PROJECT 1400673. Main Street Reconstruction PARCEL 5 COUNTY Hamilton
NAME & ADDRESS OF OWNER St. Christopher's Episcopal Church of Carmel
1402 W. Main Street, Carmel, IN 46032
NAME & ADDRESS OF PERSON CONTACTED
1402 W. Main Street, Carmel, IN 46032
PHONE 317.846.8716
Ronel W. Giedt, Authorized Agent
PHONE 317.525.0616
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 12/9/14 DATE OF CONTACT 12/10/14 TIME OF CONTACT 10:15 am
OFFER $ 39,900.00 TYPE OF CONTACT: (X) PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL
Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space:
1. YES Checked Abstract with owner?
2. N/A Any affidavits taken?
3. NO Any mortgage(s)?
4. N/A Any other liens, judgments, etc.?
5. YES Showed plans? Explained take?
6. N/A Explained about retentions?
7. N/A Any major item retained?
8. N/A Any minor item retained?
9. N/A Walked over property?
10. N/A Arranged for owner to pay taxes?
11. YES Secured Right -of -Entry?
12. N/A Secured Driveway Right -of -Entry?
13. N/A Sent Daily Notice to Relocation Section?
14. YES Secured W-9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS: MAILED
15. YES Written Offer?
16. YES Land Acquisition Brochure?
17. N/A Retention Letter?
18. YES Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. YES Receipt of Conveyance Instrument?
21. YES Copy of Conveyance Instrument?
22. YES Owner's Appraisal Letter?
23. N/A Brochure, "Relocation & You"?
REMARKS: As directed in the appraisal report, I contacted Mr. Ronel W. Giedt and explained that I am assisting
the City of Carmel with the acquisition phase of the Main Street Reconstruction project. In conjunction with the
project, I need to present a monetary offer to the owner of record for the additional right-of-way required. When
provided the option of meeting in person for the presentation of the offer or receiving it via "Certified" mail, he
preferred mailing and provided his mailing address. Ownership was confirmed, which was consistent with county
records and the Title and Encumbrance Report. Subsequently, the offer and related information were mailed
"Certified - Return Receipt Requested" on December 11, 2014, and received on December 12, 2014. Included within
the packet were the following forms/documents: the booklet, "ACQUISITION, Acquiring Real Property for Federal
and Federal -Aid Programs and Projects", the Confirmation of Receipt of the Booklet, the Confirmation of Opportunity
to Accompany the Appraiser on Inspection, the Statement of the Basis for Just Compensation, a copy of the Review
Appraisal and Appraisal Report, the Uniform Property or Easement Acquisition Offer letter, the Warranty Deed with
Exhibits "A" and "B", the Temporary Easement Agreement with Exhibits "A" and "B", the Sales Disclosure form, the
Accounts Payable Voucher, the Request for Taxpayer Identification Number and Certification (W-9 form), the Owner's
Private Appraisal Letter, and a highlighted copy of the plan sheet. The introductory letter explained that the City
Status of Parcel: (X) -Secured, ( )-Condemned, ( )-Other (Explain)
Distribution Made:
(X) Parcel ( ) Attorney
(X) Owner ( ) Other (Specify)
( ) Weekly Summary
7'I+ a-Itt.
Signature: Nancy E. Hermann
Page 1 of 2
CITY OF CARMEL
BUYER'S REPORT
PROJECT 1400673 Main Street Reconstruction PARCEL 5 COUNTY Hamilton
REMARKS (Cont'd)
of Carmel is undertaking an improvement project, which purpose is to reconstruct a portion of Main Street. More
specifically, a portion of the subject property is required as permanent (fee simple) right-of-way and temporary
easements. The permanent right-of-way, known as Parcel 5, contains 0.094 acres. The temporary easements,
known as Parcel 5A and 5B, contain a total of 0.092 acres. They are required for grading as well as drive
construction and will revert to the owner upon completion of the project. The acquisition areas were highlighted on
the provided plan sheet. The Statement of the Basis for Just Compensation breaks out the compensation due to the
owner. The compensation, totaling $37,900.00, consists of $29,900.00 for land and land improvements (lawn) and
$8,000.00 for temporary easement rights. The Uniform Property or Easement Acquisition Offer, in accordance with
I.C. 32-24-1-5, provides only 30 days from its receipt to accept or reject the offer. It was explained that the 30 days
may be waived and the offer accepted or rejected now or at anytime during this period. It was also indicated that the
legally protected rights and options under Indiana's eminent domain law are set forth on page two of the Uniform
Property or Easement Offer Letter as well as within the booklet. It was explained that typically, the City makes
payment within 90 days after receiving the secured parcel file from the consultant and Indiana law dictates that
possession of the property will transfer to the City thirty (30) days after payment is received. As explained in the
"Owner's Private Appraisal Letter", the owner may submit an independent appraisal for review at its own expense.
The forms/documents requiring signature and notarization were indicated. Mr. Giedt was encouraged to call with any
questions.
12/15/14 (10:15 am) - Mr. Giedt telephoned in response to the offer presented. He advised that he did not believe
there to be any issue with the offer. However, there were previous issues with documents presented by the City,
including a Right of Entry. At that time, they had to get an attorney involved as the documents provided by the City
were not complete, which cost the Church $2,000.00. He inquired if the City would be willing to reimburse them for
these expenses. I requested that he obtain copies of the bills and I could forward them to the City for review. I
explained that it would be best to present all counter information at once and inquired if it would be best to wait until
after the Board meets. He advised that the offer plus the reimbursement should be acceptable as the Board typically
follows Father Fale's direction, but they must approve the sale. Mr. Giedt promptly forwarded copies of the attorney's
bills. The Church's request was promptly approved. An appointment was scheduled for Thursday, December 18th.
12/18/14 (2:30 pm) - At the prearranged time, I met with Father Stephen Fale and Mr. Ronel Giedt. The revised
documents were presented and signed by Mr. Ronel W. Giedt, who had been appointed the authorized agent by the
Vestry Board. While reviewing the documents, it was noted that the Temporary Grant did not include verbiage
previously agreed upon. It was requested the previously approved Temporary Easement Agreement be utilized. This
was promptly forwarded to the City for review.
Subsequent to a final Temporary Easement Agreement being agreed to by all parties, it was noted that a mortgage
obtained by the previous owners was still shown on the Title and Encumbrance Report. Mr. Giedt confirmed there
was not a mortgage on the subject property and provided documentation pertaining to the closing. A release was
provided by the closing company.
3/17/15 (3:00 pm) - I again met with Father Fale and Mr. Giedt. The documents were executed and I provided notary
assistance. The Hamilton County Treasurer confirmed that property taxes are exempt, however there was $2.06
owed for a delinquent drain assessment. Upon receipt of notification of payment, the Receipt of Conveyance
Instrument was later forwarded to Mr. Giedt.
3/3///y-
Nancy E. Hermann Date
Page2of2
5214 S. East St., Suite D-2, Indianapolis, IN 46227
317.781.9723 • Fax 317.781.9727 • www.rwssouth.com
December 11, 2014
Saint Christopher's Episcopal Church of Carmel
Attn: Father Stephen Fale
1402 W. Main Street
Carmel, IN 46032
Re: Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5
County: Hamilton
Dear Father Fale:
The City of Carmel, Indiana, is undertaking an improvement project, which purpose is to reconstruct a
portion of Main Street. I have been contracted as a subconsultant by American Structurepoint, Inc., to
provide buying services for this project. American Structurepoint, Inc., is under direct contract with the
City of Carmel, Indiana.
Saint Christopher's Episcopal Church of Carmel is reported to be the owner of record of certain
property, which is affected by the improvement project. More specifically, portions of the subject property
are required as permanent (fee simple) right-of-way and temporary easements. The permanent right-of-
way, known as Parcel 5, contains 0.094 acres. The temporary easements, known as Parcels 5A and
5B, contain a total of 0.092 acres. They are required for grading as well as drive construction and will
revert to the owner upon completion of the project. The proposed acquisition areas are highlighted on
the enclosed plan sheet; yellow depicts the permanent right-of-way and pink delineates the temporary
easement.
The offer of $37,900.00 was arrived at using standard appraisal methods in accordance with the Uniform
Standards of Professional Appraisal Practice (USPAP). As you read through the enclosures, please note
that the Uniform Property or Easement Acquisition Offer letter, in accordance with I.C. 32-24-1-5,
provides only 30 days from its receipt to accept or reject the City's offer. The offer may be accepted or
rejected now or at any time during this 30 day period. Please note that the owner's legally protected
rights and options under Indiana's eminent domain law are described within the Uniform Property or
Easement Acquisition Offer, as well as within the Booklet.
Please review the enclosed forms and documents, which are relative to the acquisition and consist of:
1. The booklet, "ACQUISITION, Acquiring Real Property for Federal and Federal -Aid
Programs and Projects";
2. The Confirmation of Receipt of the Acquisition Booklet;
3. The Confirmation of Opportunity to Accompany Appraiser on Inspection;
4. The Statement of the Basis for Just Compensation;
5. A copy of the Review Appraisal and Appraisal Report;
Saint Christopher's Episcopal Church of Carmel.
Attn: Father Stephen Fale
December 11, 2014
Page 2
6. The Uniform Property or Easement Acquisition Offer letter;
7. The Warranty Deed with Exhibits "A" and "B";
8. The Temporary Easement Agreement with Exhibits "A" and "B";
9. The Sales Disclosure Form;
10. The Accounts Payable Voucher;
11. The Request for Taxpayer Identification Number and Certification (W-9 form);
12. The "Owner's Private Appraisal letter";
13. A highlighted copy of the plan sheet.
Should the City's offer be acceptable, several documents will require signatures. These are as follows:
1. The Confirmation of Receipt of the Acquisition Booklet;
2. The Confirmation of Opportunity to Accompany Appraiser on Inspection;
3. Page 4 of the Uniform Property or Easement Acquisition Offer (must be notarized);
4. The Warranty Deed with Exhibits "A" and "B" (must be notarized);
5. The Temporary Easement Agreement with Exhibits "A" and "B" (must be notarized);
6. The Sales Disclosure Form;
7. The Accounts Payable Voucher;
8. The Request for Taxpayer Identification Number and Certification (W-9 form).
I will need the originals returned and for your convenience, I have enclosed a self-addressed, stamped
envelope. After receiving the executed documents, I will promptly mail to you the "Receipt of Conveyance
Instrument", which will serve as legal notice of the City's intent to pay you for the needed right-of-way.
Typically, the City will make payment within 90 days after receiving the parcel file from the consultant.
Indiana Law dictates that possession of the property will transfer to the City thirty (30) days after you
have received payment.
However, should the offer be unacceptable, you may submit your own appraisal for consideration by the
City. If you decide to obtain your own appraisal, you do so at your own expense and submitting an
appraisal does not guarantee that any change will be made in the offer. I am available should you desire
to meet or have questions. Please contact me at your earliest convenience at 1.877.781.9723 (toll free).
Thank you for your immediate attention to this matter and for assisting the City of Carmel, Indiana, in
providing a modern infrastructure.
Most sincerely,
RWS South, Inc.
lamii
Nancy E.`Hermann
5214 S. East St., Suite D-2, Indianapolis, IN 46227
March 31, 2015
317.781.9723 • Fax 317.781.9727 • www.rwssouth.com
Saint Christopher's Episcopal Church of Carmel
Attn: Ronel W. Giedt
4904 Rockne Circle
Carmel, IN 46033
Re: Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5
County: Hamilton
Dear Mr. Giedt:
Thank you for meeting with me and your attention given this matter. Enclosed is a copy of the
Buyer's Report along with the Receipt of Conveyance Instrument for your records.
Hopefully, all pertinent issues have been included. If I have neglected to include any issues
or if you have any additional, please let me know.
Should you have questions in the future, please contact me at 781.9723.
Thank you for assisting the City of Carmel with this improvement project.
Most sincerely,
RWS South, Inc.
-17 e.
Nancy E. Hermann
Enclosures
CIT OF CARMEL, INDIANA
SECURED PARCEL CLOSEOUT LIST
Parcel packet contents must be maintained in the order described below for RW Agent submittal and any other
reviews or audits.
OWNER
NAME:
REVIEWER:
St. Christopher's Episcopal DES: 1400673 PARCEL: 5
Church of Carmel
DATE
SUBMITTED:
3/31/15
YES NA
Form
Required Items
0 0
El
Conveyance
SDF
Etc.
Admin Settle
Acceptance
Checks
SJC w/ Appraisal
® ❑ /Review
Appraisal
O ® Retention
O ® Daily Notice
® 0 Offer
® ❑ Acquisition
® ❑ Tax
O 0 Reports
® ❑ Correspondence
® ❑ Misc
O ® ROE
O ® Name Change
® 0 Supp T&E
Secured Closeout
REVISED 08/2014
All Conveyance Documents (Deeds. Easements, with Legal Descriptions)
Sales Disclosure Form (if required by county)
Any other relevant documents (Partial Mortgage Release, Affidavits, Resolutions,
Lead Paint Disclosure)
If applicable, Administrative Settlement with Documentation
Acceptance of Offer page (usually page 4 of Uniform Offer)
Property owner check and any other relevant checks
Statement of Just Compensation followed by all Appraisal Documents
If applicable, Retention Letter
Copy of Daily Notice if Relocation is involved
Any Uniform Offer(s) ever presented to an Owner with corresponding Conveyance
Documents attached. Must show Proof of Delivery (dates entered on page 3 of Offer
for in-person offers; certified delivery confirmation for mailed offers or proof of
publication). Include Letter to Rescind Offer if applicable.
Documentation/verification that each property owner received the brochure.
Documentation showing taxes are current for Partial Takes / paid for current payable
year for Total Takes.
All Buyers Reports (in chronological order, most current first) with SNET Letter at end
All Emails and Correspondence (in chronological order, most current first)
Miscellaneous Papers pertinent to the Parcel (Survey Documents, Engineering
Documents and Plans, etc.)
Right of Entry, if any
If applicable, Land Acquisition Name Change, with Conveyance Documents attached.
Supplemental Title and Encumbrance Report (dated within the last 30 days)
Indiana
ASw that Works
® ❑ T&E Title and Encumbrance Report (with Caption Deed and Mortgage Documents marked
in upper right corner)
COMPLIANCE CERTIFICATION
1, Nancy E. Hennann, RWS South, Inc, cer if that this submittal is made in good faith; that the supporting data is accurate
and complete to the best of my knowledge and that this submittal is in accordance with 49 CFR Part 24, PL 91-646 and IC 32-24
and that all applicable rules and regulations of the Federal Highway Administration have been complied with.
1S(aturc)
Nancy E. Hermann
RWS South, Inc.
Phone: 317.781.9723
Email: Nancy@rwssouth.com
Secured Closeout
REVISED 08/2014
Indiana
A Sete that Works
Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT St. Christopher's Episcopal Church of Carmel (individually
and collectively the "Grantor"), conveys and warrants to the City of Carmel, Indiana ( the "Grantee"), for the
sum of Thirty -One Thousand Nine Hundred and NO/00 Dollars ($31,900.00) and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton
County, State of Indiana:
See attached Exhibits A and B, which are attached hereto and incorporated herein
Subject to any and all easements, agreements, restrictions and other matters of record.
It is understood between the parties hereto, and their successors in title, and made a covenant herein
which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that
are specifically and expressly designated as easements or temporary rights of way) are conveyed in fee simple
and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in
the Grantor.
The undersigned represent and warrant that they are the QLAI;tefitd adgqffif4 ft do( of the Grantor; that
the Grantor has full capacity to convey the real estate interest describes; that pursuant to a resolution of the
Church they have full authority to execute and deliver this instrument on its behalf and that said authority has
not been revoked; that they are therefore, fully authorized and empowered to convey to the City of Carmel,
Indiana, real estate of the Grantor, and that on the date of execution of said conveyance instruments they had
full authority to so act; and that all necessary partnership action for the making of this conveyance has been
duly taken
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 174k" day of
Mat'th , 2o15
TOR: St. Ch ''stopher's Episcopal Church of Carmel
Bsst€ Lf/ e r i IOW
Prin ed: 'ONS , Gre-o7 Printed: R£\. Sr -0E 4. (4CL)
Title. 4wruoick/zan AG.e947 Title: /LECiaa-
pY
NOTARY CERTIFICATION
STATE OF INDIANA
) SS:
COUNTY OF 144M1 ,T04J )
Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5
Before me the undersigned, a Notary Public in and for said County and State, personally appeared St.
Christopher's Episcopal Church fo Carmel. By: Meati W. gar, F}unteettroge out, iwp Rev. SiteALI4 A. Fia,es et;aoQ
who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who,
having been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal this 11+1' day of MARCH . 2616
My Commission Expires:h
ilts-1-4, 20T
County of Residence: l rl:�J 4kIOki 77
Notary iature
1
NANCY HERMANN
Marion County
My Commission Expires
August 4, 2016
AItMCy tt[f/rilLttV1
Notary Printed Name
This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square,
Carmel, Indiana 46032
Send tax bills to: One Civic Square, Cannel, IN 46032
After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel,
Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social
Security number from this document, unless it is required by law.
831464v1
2
EXHIBIT "A"
Project: Main Street Improvements
Parcel: 5 - Fee Simple
Key No: 29-09-26-000-005.001-018
Sheet 1 of 1
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT "B", described as follows: Commencing at the
Southwest corner of said Quarter section, said corner designated as point "802027" on said plat;
thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds
East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in
Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County,
Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said
0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43
seconds East 437.95 feet along the north boundary of said Main Street to the Point of Beginning of
this description designated as point "500" on said plat; thence North 69 degrees 03 minutes 33
seconds East 127.75 feet to point "501" designated on said plat; thence North 39 degrees 32
minutes 33 seconds East 39.41 feet to the west boundary of Grand Boulevard and point "502"
designated on said plat; thence South 00 degrees 11 minutes 43 seconds West 73.81 feet along said
west boundary to the north boundary of said Main Street; thence South 89 degrees 06 minutes 43
seconds West 144.17 feet along said north boundary to the point of beginning and containing 0.094
acres, more or less.
This description was prepared for the City of Carmel, Indiana
by Tracy L. McGill, Indiana Registered Land Surveyor,
License Number 20500009, on th; 1st day of July, 2014.
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EXHIBIT "3" SHEET 1OF2
RIGHT-OF-WAY PARCEL PLAT
Prepared For Indiana Department Of Transportation
by: AMERICAN
STRUCTUREPOINT
IND.
Sell—off
Inst. No. 2009054195
512.00'
0
50'
100'
SCALE: 1"=100'
Sell—oif
Inst. No. 2007060171
45+00
EX R/
Residue "A"
Temporary R/W
for drive construction
Temporary R/W
for grading
R/W Dedication
Inst. No. 200500059082
671.00'
(502
h
to
c m
90
00
.
to0
O O
3 d
z
N
0
GRAND BLVD
CO
MAIN STREET
LINE "F4"
EX R/
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
CODE:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
St. Christopher's Episcopal
5
Main Street Improvements
Main Street
Hamilton
26
18 North
3 East
Church
DRAWN BY: TLM
CHECKED BY: TLM
DES. NO.: 1400673
Inst. No. 20040024404, dated April 16, 2004
Sell -offs:
Inst. No. 200500059082; Inst. No. 200500068465
Inst. No. 2007060171; Inst. No. 2009054;19 n v
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED B\CA-FIELDLSIJRVEY.),
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For Indiana Department Of Transportation
by: AMERICAN
STRUCTUREPOINT
NC.
POINT REFERENCE CHART(F
SHEET 2 OF 2
Point
North
East
Station
Offset
Q
204, 205
802027
SEE LOCATION CONTROL ROUTE SURVEY PLAT
802006
500
35776.4149
43621.7734
48+20.00
46.17 L
Line F4
501
35822.0742
43741.0879
49+40.00
90.00 L
Line F4
502
35852.4621
43766.1756
49+65.55
120.00 L
Line F4
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded as Inst. No. 2014025485 in the Office of the Recorder of
Hamilton County, Indiana, incorporated and made a part hereof by reference,
comprise a Route Survey executed in accordance with Indiana Administrative Code
865 IAC 1-12 ("Rule 12").
7/720/1
Tracy L. McGill Date
Reg. Land Surveyor No. 20500009
State of Indiana
G{ 1IIIII�,JC0
* 20500009 *
• STATE OF
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NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
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OWNER:
St. Christopher's Episcopal Church
PARCEL: 5
CODE:
PROJECT: Main Street Improvements
ROAD: Main Street
COUNTY: Hamilton
SECTION: 26
TOWNSHIP: 18 North
RANGE: 3 East
DRAWN BY: TLM
CHECKED BY: TLM
DES. NO.: 1400673
AMERICAN STRUCTUREPOINT, INC \PROJEC Nr 0,'2014
l
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)
Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5A and 5B
Cross Reference to Prior Deed of Record: Warranty Deed, Instrument Number 200400024404,
in the Office of the Recorder of Hamilton County, Indiana
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
l"1'= day of Mat , 1015 , by and between St. Christopher's Episcopal
Church of Carmel, ("Grantor") and the City of Carmel, Indiana ("Grantee").
RECITALS
A. Grantor own certain real property (the "Grantor's Parcel") located in Hamilton County,
Indiana, more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's construction/improvement of Main Street (the
"Project"), requires a temporary easement for the duration of the Project for purposes of
constructing that portion of the Project located upon and/or adjacent to the Grantor's Parcel.
Such temporary easement area (herein referred to as the "Temporary Easement Parcel") is more
particularly described and depicted as follows:
See Exhibits B and C attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement
Parcel for all purposes related to the construction of the Project, including, but not limited to, the
storing of equipment and the staging of the construction of the Project. Upon the earlier of the
date of final completion of the Project or three (3) years from the date hereof, such temporary
easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in
as near as practical the condition that existed prior to the installation of the project.
2. Temporary Construction Easements. Temporary Construction Easement SA (as
shown on the attached Exhibits) shall be used for grading in connection with the installation of
the roundabout at Main Street and Grand Boulevard. Temporary Construction Easement 5B (as
shown on the attached Exhibits) shall be used in connection with the reconstruction of the
Grantor's driveway on Grand Boulevard. All of the construction activities are detailed in those
certain Construction Documents prepared by American Structurepoint certified by Wing Lau on
July 30, 2014, being compromised of 95 sheets (the "Construction Documents"). The
construction activities on the Temporary Construction Easements shall comply in all material
respects with the Construction Documents.
832365v1
1
Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5A and 5B
3. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees,
heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the
right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent
with the foregoing easement acquisition by Grantee, including without limitation the right to
install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee
as part of the Project, as well as the right of access over and across the Temporary Easement
Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's
existing driveway or any future driveway.
4. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easement granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel,
and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and
their respective grantees, successors and assigns.
5. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Indiana, except for its conflict of laws provisions.
832365v1
[Signature page follows]
2
0
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANT t St. Christo j er's Episcopal Church of Carmel
By: y q/ 1 4kJ
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Title: .EA 74461•17" Title: 4617( ---
GRANTEE: City of Carmel, Indiana
By:
By:
Printed: Printed:
Title:
832365"1
3
Title:
STATE OF INDIANA )
) SS:
COUNTY OF IIgmler ,J )
Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5A and 5B
NANCY HERMANN
Marion County
My Commission Expires
August 4, 2016
Before me, a Notary Public in and for said County a�n�s" to e,n ,personally appeared St.
Christopher's Episcopal Church of Carmel, By: IZoeln.WEtittsr4alotakb fl sr, i v. S-EPuui 4.FRte&CWP
and the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the
representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 114 day of h1A RC -11- , 2015.
My commission expires: AlAuST 41 taco
1 am a resident of good County, Indiana
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
/llb
Ha -nu Aft,
Printed Name
Before me, a Notary Public in and for said County and State, personally appeared
, the of Grantee, who, having been duly
sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this day of , 20 .
My commission expires:
Notary Public
I am a resident of County, Indiana
Printed Name
This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square,
Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Douglas C. Haney
832365)71
4
EXHIBIT "A"
Project: Main Street Improvements
Parcel: 5A - Temporary Right -of -Way for Grading
Key No: 29-09-26-000-005.001-018
Sheet l of 1
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, and described as follows: Commencing at the Southwest corner of said Quarter section;
thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds
East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in
Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County,
Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said
0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43
seconds East 437.95 feet along the north boundary of said Main Street to the Point of Beginning of
this description: thence North 40 degrees 03 minutes 23 seconds East 38.16 feet; thence North 62
degrees 33 minutes 26 seconds East 100.62 feet; thence North 89 degrees 07 minutes 20 seconds
East 30.55 feet to the west boundary of Grand Boulevard; thence South 39 degrees 32 minutes 33
seconds West 39.41 feet; thence South 69 degrees 03 minutes 33 seconds West 127.75 feet to the
point of beginning and containing 0.071 acres, more or less.
This description was prepared for the City of Carmel, Indiana
by Tracy L. McGill, Indiana Registered Land Surveyor,
License Number 20500009, on the 1st day of July, 2014.
``
P No. . Ei
L20500009'
STATE OF
EXHIBIT "A"
Project: Main Street Improvements
Parcel: SB - Temporary Right -of -Way for Drive Construction
Key No: 29-09-26-000-005.001-018
Sheet 1 of 1
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, and described as follows: Commencing at the Southwest corner of said Quarter section;
thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds
East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in
Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County,
Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said
0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43
seconds East 582.12 feet along the north boundary of said Main Street to the west boundary of
Grand Boulevard; thence North 0 degrees 11 minutes 43 seconds East 149.96 feet along the west
boundary of said Grand Boulevard to the Point of Beginning of this description: thence North 80
degrees 44 minutes 13 seconds West 20.34 feet; thence North 00 degrees 11 minutes 43 seconds
East 43.10 feet; thence North 87 degrees 22 minutes 35 seconds East 20.11 feet to the west
boundary of said Grand Boulevard; thence South 00 degrees 11 minutes 43 seconds West 47.30 feet
along said west boundary to the point of beginning and containing 0.021 acres, more or less.
This description was prepared for the City of Carmel, Indiana
by Tracy L. McGill, Indiana Registered Land Surveyor,
License Number 20500009, on the 1st day of July, 2014.
COPY
MEMORANDUM
TO: City of Carmel
FROM: Nancy E. Hermann, Acquisition Agent
RWS South, Inc.
5214 South East Street, Suite D-2
Indianapolis, IN 46227
DATE: December 18, 2014
RE: Des. No.: 1400673
Project: Main Street Reconstruction
Parcel: 5
County: Hamilton
Owner: St. Christopher's Episcopal Church of Carmel
SUBJECT: Recommendation for Administrative Settlement
The City's fair market value determination of $37,900.00 for 0.094 acres of permanent (fee simple) right-of-
way, 0.092 acres of temporary easement, and land improvements was offered to the owner. During the
negotiation process, the property owner rejected this offer stating they should have an additional $2,000.00.
The requested compensation is for reimbursement of attorney's fees incurred when the City initially
approached them for the Right of Entry.
We believe it is in the best interest of the City to settle this parcel for $39,900.00. We believe a great deal of
time and money can be saved by settling this parcel as opposed to rescinding the offer and reappraising the
property.
Therefore, the City's acquisition agent is directed to offer $39,900.00 to the owner. Should they not accept,
then the additional $2,000.00 will be withdrawn and the $37,900.00 figure will remain the approved amount.
THIS RECOMMENDATION APPROVED:
The City of Carmel
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Project: Man St , Codoncl
County: }•i01M \kUf Code:
1528 2211
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Parcel: 5
Postal
Domestic Mail
MAILMRECEIPPT
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F,orideliverypmlormatlonyisitpuzwebsite atrwww.usps.coma
FFDCIAL USE
Postage
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St. Christopher Episcopal Church of Carmel
Attn: Father Stephen Fate
1402 W. Main Street
Carmel, IN 46032
seductions
V,.., .d' `h6
rSENDER COMPLETETHISSECTION
• Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you
■ Attach this card to the back of th= • • • -t•
or on the front if space permits Q-
1. Article Addressed to:
O
St. Christopher Episcopal Chu h Carmel
Attn: Father Stephen
1402 W. Main Street USPS •
Carmel, IN 46032
:;COMPLETE; THIS SECTION ON DELIVERY
.41111114/
A. Sig re
X
❑ Agent
0 Addressee
. R ceived by (Printe ame) C. Dat of Deliv
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. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: ❑ No
3. Service Type
El Certified Mail®
0 Registered
0 Insured Mail
0 Priority Mail Express' -
Return Receipt for Merchandise
0 Collect on Delivery
4. Restricted Delivery? (Extra Fee)
0 Yes
2. Article Number '1 111 1
(transfer from service label)
PS Form 3811, July 2013
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7014 0510 0000 15.8'2211 1
Domestic Return Receipt
(Date)
CONFIRMATION OF RECEIPT OF THE ACQUISITION BOOKLET
DES. NO.: 1400673
PROJECT: Main Street Reconstruction
PARCEL: 5
OWNER: St. Christopher's Episcopal Church
Attn.: Father Stephen Fale
COUNTY: Hamilton
A copy of the booklet, "ACQUISITION, Acquiring Real Property for Federal and
Federal -Aid Programs and Projects" was provided.
3/1745
St. Christopher's Episcopal Church of Carmel
By: extg aa?
Sig re
By:
(Date) Signature
CONFIRMATION
OF OPPORTUNITY
TO ACCOMPANY APPRAISER ON INSPECTION
DES. NO.: 1400673
PROJECT: Main Street Reconstruction
PARCEL: 5
OWNER: St. Christopher's Episcopal Church
Attn.: Father Stephen Fale
COUNTY: Hamilton
The opportunity to accompany the appraiser on the physical inspection of the subject property was given.
3
/11 I.5
(Date)
Wiilg
(Date)
St. Christopher's Episcopal Church of Carmel
By:
Sign tur
By:
Signature:
Hamilton County, Indiana
Tax Payments
Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date; so
the information provided in different sections or reports may not match. All information has been derived from public records that are
constantly undergoing change and is not warranted for content or accu acy. It may not reflect the current information pertaining to the
property of interest.
Parcel Number: 17 09 26 00 00 005.001
Location Address: 1402 W Main St, Carmel, IN
State Number: 2909-26-000-005.001-018
Taxes Due In 2015:
Add 5% penalty after May 11th if there is no delinquent amount; add 10%
penalty after June 11th.
Total Due for Spring: $39.56
;,R'ayjOnline
Spring
Breakdown
(Due May 11, 2015)
Spring Tax
0
Delq Tax & Pen
2.06
Sp mg Special Asmts
37.5
Back Tax/Civ Pena ty
0
1111
70926000000500
IIIIII
I I III111111111111I1I1111111111111
Total Due for Fall: $37.50 Fall
Breakdown
(Due Nov 10, 2015)
Fall Tax
0
Fall Special Asmts
37.5
Pena ty
0
Back Tax/C v I Pena ty
0
111811709211111111111111II
000000500 2
111111111111111
11111
III
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Total Payments Made: $2.06 Payment
Details
Payment Date
Paid By
Payment Amount
2015/03/30
Saint Christophers
Episcopal Church
of Carmel
2.06
BALANCE DUE $75.00
March 30, 2015
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Panlin i
as of
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